This is somewhat old news, but was not previously reported. On March 14, 2024, the Fifth Circuit voted 10-5 not to rehear Republican National Committee v Wetzel, 24-60395. The original panel had voted that Mississippi was breaking federal law when it allowed mailed ballots to be counted even though they had not been received in the elections office by election day. The original panel said the 19th century federal law that tells the states they must hold congressional elections on the first Tuesday after the first Monday of November means that all ballots must be received by election day.Here is the order denying rehearing. The Fifth Circuit decision is at odds with virtually every other lawsuit on this subject.
It is extremely likely that case will be appealed to the U.S. Supreme Court.
Not surprisingly, the 5th is right when every other circuit is wrong, as is often the case. Hopefully Trump will nominate many judges who get confirmed and bring the other circuits in line, as well as gets to elevate a few judges from the heroic 5th to supreme court justice.
Getting rid of unreliable, extremely fraud prone “going postal” ballots would be much better. Better still get rid of ballots and vote by voice with a personal appearance.
THE DAY THE ELECTION — OLDE USA LAW
ABS BALLOTS ARE A REPLACEMENT FOR IN PERSON VOTING ON SUCH ELECTION DAYS
TITLE 2, §7. Time of election
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
(R.S. §25; Mar. 3, 1875, ch. 130, §6, 18 Stat. 400 ; June 5, 1934, ch. 390, §2, 48 Stat. 879 .)
Editorial Notes
Codification
R.S. §25 derived from act Feb. 2, 1872, ch. 11, §3, 17 Stat. 28 .
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EARLIER – SAME DAY FOR STATES TO CHOOSE 12 AMDT PREZ ELECTORS